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Reflections on NSA Oversight, and a Prediction That NSA Authorities (and Oversight, and Transparency) Will Expand
Last Friday I asked how NSA Director Alexander’s claim that “we can audit the actions of our people 100%” was consistent with USG uncertainty about what Snowden stole and with its claims that it was “put... -
A Hard-To-Justify Leak
Eli Lake and Josh Rogin have an amazing story at the Daily Beast about how last week’s closure of embassies was prompted by a USG intercept of a conference call of “more than twenty” leaders of AQ and af... -
Stern on Ackerman and the Speech and Debate Clause
The other day, Jack posted an excerpt from a Foreign Policy article by Professor Bruce Ackerman, advocating for Senator Wyden to take advantage of the Speech and Debate Clause and disclose classified inf... -
New York Times Edit: "No One Has Questioned the N.S.A.’s Role in Collecting Intelligence Overseas"
The New York Times editorial page is annoyed, though not surprised, that some politicians are trying to exploit the [embassy closure] episode by arguing that it proves the value of the National Security ... -
Does Judicial Review of National-Security Policies Constrain or Enable the Government?
With the current controversies over the NSA's surveillance programs, I want to return to broader issues about how to think about the role of courts in the national-security area. In this area, governme... -
Bruce Ackerman on Congressional Publication of Classified Information and the Speech and Debate Clause
Bruce Ackerman has a piece in the FP arguing that Senator Wyden, who has been disappointed in the quantity and quality of Executive branch disclosures related to surveillance, should “let Americans know ... -
James Risen Petitions For Rehearing En Banc, Media File Amicus Brief in the Fourth Circuit
Here's the New York Times reporter's petition for rehearing en banc in the case of United States v. Sterling. It was filed yesterday. Readers will recall that last month a three-judge panel of the Fou... -
NSA Director General Keith Alexander Speaks at the Black Hat Conference
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FISC Order Authorizing the Collection of Telephone Metadata & Reports to Congress on Bulk Collection Program
Here's the "Primary Collection Order" authorizing the collection of telephone metadata, signed by FISC Judge Roger Vinson (signed April 25 and expiring on July 19th, 2013), declassified. Also declassifi... -
Today's Senate Judiciary Hearing on the FISA Surveillance Programs
A big hearing is taking place this morning at 9am before the Senate Judiciary Committee. Media report that the Verizon order will be declassified at this hearing. Catch it live at the -
"We Steal Secrets"
In light of yesterday's events in the Bradley Manning case, I really want to see this fascinating-looking documentary: -
A Quick Primer on Military Justice and The Manning Verdict
After hearing evidence in a contested bench trial, Army Colonel Denise Lind, a military trial judge, found Pfc.
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